Section 17E in The West Bengal Premises Tenancy Act, 1956.
17E. [ Power of Court to set aside certain decrees passed in suits brought by transferee-landlords within three years from the date of transfer. [Section 17E inserted by W.B. Act 18 of 1970.]
(1)Where before the commencement of the West Bengal Premises Tenancy (Second Amendment) Act, 1969, a decree for the recovery of possession of any premises was passed in a suit which had been brought by a landlord, who had acquired his interest in such premises by transfer, before the expiration of a period of three years from the date of his acquisition of such interest only on one or more of the grounds mentioned in clause (f) of sub-section (1) of section 13 as it was in force before such commencement, but the possession of such premises has not been recovered from the tenant by the execution of the decree, the tenant may, within a period of sixty days from the date of commencement of the West Bengal Premises Tenancy (Amendment) Act, 1970, make an application to the Court which passed the decree to set aside the decree.Explanation. - Where the decree was passed in the exercise of appellate jurisdiction, an application under this sub-section shall be made to the Court of first instance.(2)Where an application has been made under sub-section (1) for setting aside a decree, all proceedings in execution of the decree shall remain stayed until the application is disposed of.(3)On receipt of an application under sub-section (1), the Court shall cause a notice thereof to be served on the landlord and if after considering such evidence as the parties may adduce, -(a)the Court is not satisfied that the suit in which the decree was passed had been brought by a landlord, who had acquired his interest in the premises by transfer, before the expiration of a period of three years from the date of his acquisition of such interest, the Court shall dismiss the application with such costs as the Court may award to the landlord; or(b)the Court is satisfied that the suit in which the decree was passed had been brought by a landlord who had acquired his interest in the premises by transfer before the expiration of a period of three years from the date of his acquisition of such interest, the Court shall determine, the amount which would have been payable by the tenant for the period commencing from the date of the decree and ending with the date of the order to be made under this sub-section, if during such period the tenant had to pay month by month, a sum equivalent to the rent at the rate at which it was last paid and after deducting therefrom all such sums as the tenant may have deposited in Court or with the Controller for such period, the Court shall direct the tenant, by order to deposit in Court the remaining amount together with such further amount as the Court may allow as costs of the suit, within such time, not exceeding sixty days from the date of the order, as the Court may fix.(4)If the tenant deposits the amounts ordered by the Court under clause (b) of sub-section (3) within the time fixed by it, the Court shall allow the application under sub-section (1) and set aside the decree for the recovery of possession passed in the suit and dismiss the suit.(5)If the tenant fails to deposit the amounts ordered by the Court under clause (b) of sub-section (3) within the time fixed by it, his application under sub-section (1) shall be dismissed with such costs as the Court may award to the landlord.]
